In addition to the provisions of Section
54-2118, Idaho Code, the Board may
refuse to issue, renew, or reinstate the certification of a veterinary
technician, or may deny, revoke, suspend, sanction, place on probation, or
require voluntary surrender of the certification of a veterinary technician, or
may impose other forms of discipline, and enter into consent agreements and
negotiated settlements with certified veterinary technicians pursuant to the
procedures set forth in Title 67, Chapter 52, Idaho Code, for provisions of
Section 54-2115, Idaho Code, any of the
following reasons: (3-23-23)
01.
Unethical or Unprofessional Conduct. Unethical or unprofessional
conduct is conduct that includes, but is not limited to, any of the following:
(3-23-23)
a. Providing any procedure to an
animal that constitutes the practice of veterinary medicine or veterinary
technology and which has not been delegated by the supervising veterinarian,
except in the case of an emergency as defined by Section
54-2103(16),
Idaho Code; (3-23-23)
b. Practicing
veterinary technology in a manner that endangers the health and welfare of the
patient or the public. A certified veterinary technician shall not practice
veterinary technology if their ability to practice with reasonable skill and
safety is adversely affected by reason of illness, excessive use of alcohol,
drugs, narcotics, chemicals, or any other substance, or as a result of any
mental or physical disability; (3-23-23)
c. Gross ignorance, incompetence or
inefficiency in the practice of veterinary technology as determined by, but not
limited to, the practices generally and currently followed and accepted by
persons certified to practice veterinary technology in Idaho and the current
teaching at accredited programs in veterinary technology; (3-23-23)
d. Intentionally performing a duty, task, or
procedure in the field of veterinary technology for which the individual is not
qualified; or (3-23-23)
e. Engaging
in conduct of a character likely to deceive or defraud the public.
(3-23-23)
02.
Conviction of a Charge or Crime. Being found guilty, convicted,
placed on probation, having entered a guilty plea that is accepted by the
court, forfeiture of bail, bond or collateral deposited to secure a defendant's
appearance, or having received a withheld judgment or suspended sentence by a
court of competent jurisdiction in Idaho or any other state of one (1) or more
of the following: (3-23-23)
a. Any felony, as
defined by Title 18, Chapter 1, Idaho Code; or (3-23-23)
b. Any other criminal act that in any way is
related to the practice of veterinary technology as defined by Section
54-2103(47),
Idaho Code. (3-23-23)
03.
Medical Incompetence. Medical incompetence in the practice of
veterinary technology, which means lacking in sufficient medical knowledge or
skills or both to a degree likely to endanger the health of patients.
(3-23-23)
04.
Physical or
Mental Incompetence. Physical or mental incompetence, which means the
individual's ability to practice veterinary technology with reasonable skill
and safety is impaired by reason of illness, excessive use of alcohol, drugs,
narcotics, chemicals or any other substance, or as a result of any physical or
mental disability. (3-23-23)
05.
Malpractice or Negligence. Malpractice or negligence, in the
practice of veterinary technology, which includes, but is not limited to:
(3-23-23)
a. Treatment in a manner contrary to
accepted practices in veterinary technology and with injurious results;
(3-23-23)
b. Any professional
misconduct or unreasonable lack of professional skill or fidelity in the
performance of an act that is part of the practice of veterinary technology;
(3-23-23)
c. Performance of an act
that is part of the practice of veterinary technology without adequate
supervision; except in the case of an emergency as defined by Section
54-2103(16),
Idaho Code; or (3-23-23)
d. The
negligent practice of veterinary technology, as determined by the standard of
practice for the area, that results in injury, unnecessary suffering or death.
(3-23-23)
06.
Cruelty to Animals. Cruelty to animals, including, but not limited
to, the intentional and malicious infliction of pain, physical suffering,
injury or death, performance of experimental treatments without the owner's
consent, deprivation of necessary sustenance, withholding of appropriate pain
medications or levels of pain medications, or the administration of unnecessary
procedures and treatment. Infliction of pain on any animal in selfdefense, or
to prevent physical harm to others, or in accordance with local custom and
culture in moving, handling, treating, dehorning, castrating or performing
other procedures on livestock, shall not be considered cruel or physically
abusive unless done in an unnecessary or intentionally malicious manner. This
provision does not alter Section
25-3514, Idaho Code.
(3-23-23)
07.
Revocation,
Suspension, Limitation or Subjection. The revocation, suspension,
limitation, or subjection of a license, certificate or registration or any
other disciplinary action by another state or U.S. jurisdiction or voluntary
surrender of a license, certificate or registration by virtue of which one is
licensed, certified or registered to practice veterinary technology in that
state or jurisdiction on grounds other than nonpayment of the renewal fee.
(3-23-23)
08.
Continuing
Education. Failure to comply with the continuing education requirements
outlined by Board rules. (3-23-23)
09.
Failure to Cooperate.
(3-23-23)
a. Failure of any applicant or
certificate holder to cooperate with the Board during any investigation, even
if such investigation does not personally concern the applicant or certificate
holder. (3-23-23)
b. Failure to
comply with the terms of any order, negotiated settlement or probationary
agreement of the Board. (3-23-23)
c. Failure to comply with the terms for
certification renewal or to timely pay certification renewal fees as specified
by Section
010 of these rules.
(3-23-23)
10.
Violation of Law, Rules or Order. Violating or attempting to
violate, directly or indirectly, or assisting or abetting the violation or
conspiracy to violate any of the provisions of the veterinary law or rules or a
written order of the Board issued pursuant to Title 54, Chapter 21, Idaho Code.
(3-23-23)